Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Peru (Ratification: 1986)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 2 September 2018. The Committee also notes the Government’s replies to the observations of the CATP in 2017 and 2018, received on 9 February and 30 October 2018, respectively.

Article 8. Services in rural areas and remote communities. The Government indicates that the General Directorate of the National Employment Service (SNE) is responsible for providing updated information on the employment services for persons with disabilities in rural areas. The Government adds that, following the adoption of the General Directive establishing guidelines for the implementation and provision of employment services with a disability perspective, a number of strategies were incorporated into the employment services for persons with disabilities, including the promotion of the proactive and itinerant registration of persons with disabilities who are seeking employment. This method allows for registration to be conducted in places other than the regular premises of the employment services, thus facilitating access to persons with disabilities. Such places include municipal offices for persons with disabilities and the headquarters of organizations for persons with disabilities. The Committee requests the Government to provide detailed information on the employment and vocational guidance and training services available for persons with disabilities, including those provided by municipal offices for persons with disabilities to persons living in rural areas and remote communities.

Article 9. Training of qualified staff. The Government indicates that, through the adoption of the Institutional Strategic Plan 2017–19 of the Ministry of Labour and Employment Promotion (MTPE) in 2016, strategic measures have been implemented, including capacity building for public servants and officials from regional governments to promote the labour market integration and self-employment of vulnerable groups living in poverty or extreme poverty. The Government indicates that, in this framework, the MTPE provides specialized training on the promotion of employment for persons with disabilities to public servants and officials from the Regional Directorates of Labour and Employment Promotion. In this regard, the Government indicates that, in 2017, 75 public servants and officials received training on employment promotion, and a further 167 are due to be trained in 2018. The Committee requests the Government to continue to provide detailed and updated information on the measures taken with a view to ensuring the training and availability of advisers specialized in rehabilitation and of other qualified staff responsible for ensuring the provision of vocational guidance and training, and the placement and employment of persons with disabilities in the open labour market.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 2 September 2018. The Committee also notes the Government’s replies to the observations of the CATP in 2017 and 2018, received on 9 February and 30 October 2018, respectively.

Articles 2 and 3 of the Convention. Implementation of vocational rehabilitation and employment policies for persons with disabilities. In reply to its previous comments, the Committee notes the Government’s reference to the preparation of the National Policy on the Promotion of Employment Opportunities for Persons with Disabilities by the Ministry of Labour and Employment Promotion (MTPE), which is to be adopted following the incorporation into the text of comments and contributions by the persons concerned. A general national policy on disability is also to be developed and will cover various areas, such as health, education and labour. The Committee also notes the implementation of a joint programme on employment and disability with a focus on gender, with the participation of the ILO, the United Nations Population Fund (UNFPA) and the United Nations Educational, Scientific and Cultural Organization (UNESCO), as well as the MTPE and the National Council for the Integration of Persons with Disabilities (CONADIS) of the Ministry of Women and Vulnerable Populations (MIMP). This programme aims to improve access for persons with disabilities to decent employment opportunities and to raise awareness of the skills of these persons and their potential to contribute to the productive life and development of their communities and the country. The joint programme will contribute to the improvement of employment access for persons with disabilities, by strengthening public administration at the local level and highlighting the particularly vulnerable situation of women with disabilities. With regard to the adoption of measures to encourage compliance with the 5 per cent quota for the recruitment of persons with disabilities in the public sector, the Government indicates that a number of proposals have been submitted to amend the regulations of Act No. 29973 in order to facilitate the fulfilment of this quota, but that these proposals have not yet been approved. The proposals concern, inter alia, the establishment of a specific procedure to follow if the public authorities do not meet the recruitment quota. The Government indicates that, according to the report entitled “Achieving the Labour Integration of Persons with Disabilities in the Peruvian Civil Service”, published by the National Civil Service Authority (SERVIR) in October 2015, the low level of education of most persons with disabilities (only 12 per cent of whom completed higher education) prevents them from meeting the requirements for public employment. In this regard, the Government indicates that, in 2017, a working group comprising SERVIR and CONADIS was set up with the aim of putting forward proposals to change public policy so as to ensure the genuine inclusion of persons with disabilities and encourage public institutions to seek professional and competent workers among this population. Furthermore, under the National Human Rights Plan 2017–21, training and awareness-raising activities are to be carried out for public servants in relation to the labour aspect of the rights of persons with disabilities. The Plan also provides for the development of a study on the implementation of reasonable accommodations, with the aim of promoting the access of persons with disabilities to national Government bodies, by generating adequate information and establishing specific mechanisms to assess candidates with disabilities without discrimination and in accordance with the principle of equality of opportunity. Lastly, the Government indicates that, pursuant to section 49(3) of Act No. 29973, SERVIR is responsible for verifying compliance with the quota for the recruitment of persons with disabilities, in coordination with CONADIS. As regards private sector enterprises with 50 workers or more, the Government indicates that the National Labour Inspection Supervisory Authority (SUNAFIL) is the competent body responsible for overseeing the regulations governing compliance with the 3 per cent recruitment quota established for the private sector. The Government indicates that the failure of private employers to meet the labour quota after two years from the entry into force of the above Act will lead to the application of the penalties established in Act No. 28806 (General Labour Inspection Act). The Government indicates that, with the aim of encouraging compliance with this quota, SUNAFIL has developed a tool enabling employers to establish whether their enterprise meets the quota. The Committee also notes the statistical information provided by the Government on the inspections carried out in the private sector with regard to compliance with the quota for the recruitment of persons with disabilities, and the results of these inspections. According to the Computerized Labour Inspection System (SIIT), in 2017, 488 inspection orders were completed in this regard. The Committee also notes the promulgation of Decree No. 1417 which amends, inter alia, section 50 of Act No. 29973. Pursuant to this section, employers in the public and private sectors are required to make reasonable accommodations, unless they demonstrate that such accommodations would impose an undue or disproportionate burden, in accordance with the criteria established by the MTPE. These accommodations must be made for persons with disabilities both in the selection process and in the workplace. This section also provides that employers shall receive advice and guidance in order to make reasonable accommodations for persons with disabilities in the workplace. The Committee also notes the information provided by the Government on the participation of persons with disabilities in the various employment programmes implemented, such as the Jóvenes Productivos programme, the Impulsa Perú programme and the Perú Responsable programme, and on the labour intermediation services provided for persons with disabilities by the National Employment Service (SNE).

In its observations, the CATP maintains that the measures adopted with a view to promoting labour market access for persons with disabilities are insufficient due to a lack of funding for these measures and of enforcement of the current legislation on the employment of persons with disabilities. It highlights that only two out of three persons with disabilities have completed or benefited from primary education, which makes their integration into the labour market even more difficult. Consequently, the CATP states that it is necessary to carry out joint action with the Ministry of Education in order to build the capacities of persons with disabilities. The CATP indicates that, while the general activity rate of the working age population is 74 per cent, for persons with disabilities the rate is only 22 per cent. It indicates that the majority of workers with disabilities are employed in the informal economy in temporary, precarious and low-paid jobs with high turnover rates. It reiterates that the rate of unemployment for persons with disabilities (12.1 per cent) is four times higher than the rate for the total population (3.7 per cent). The CATP states that it is necessary to examine the different types of disability and their impact on employability, and to simplify the administrative procedures required for persons with disabilities to gain recognition of their status and benefit from the measures to increase their employability and labour market access. The Committee requests the Government to continue to provide updated information on the status of the adoption of proposals to amend Act No. 29973 with a view to promoting the employment of persons with disabilities and encouraging compliance with the quota for the recruitment of such persons in the public sector. The Committee also requests the Government to continue to provide updated information on the impact of the measures adopted to promote employment opportunities for persons with disabilities, including persons with mental or intellectual disabilities, in the open labour market in both the public and private sectors. The Committee also once again requests the Government to provide summaries of studies and evaluations of the policies and programmes on the rehabilitation and employment of persons with disabilities, and other updated indicators of the results achieved by the legislative measures and policies adopted in favour of persons with disabilities.

Article 5. Consultations with representative employers’ and workers’ organizations. In reply to the Committee’s previous comments, the Government indicates that, pursuant to section 14 of Act No. 29973, organizations representing persons with disabilities are consulted prior to the adoption of standards, policies and programmes on issues relating to disability, to enable them to make observations and contributions. The Government adds that such consultations include the formulation, implementation and review of all public policies relating to the rights of persons with disabilities. For example, the Government refers to the active participation of organizations of and for persons with disabilities in the formulation of the National Accessibility Plan. The Government indicates that, between 2016 and 2017, technical consultations and meetings were held with organizations of and for persons with disabilities, employers’ associations and public and private institutions, with a view to putting forward a proposal for a national policy to promote employment opportunities for persons with disabilities. Furthermore, in its reply to the CATP’s observations, the Government indicates that, between February and May 2016, tripartite consultations were held in the context of formulating public policies on telework related to persons with disabilities and their access to employment. The Committee requests the Government to continue to provide detailed and updated information on the manner in which representative employers’ and workers’ organizations and representative organizations of and for persons with disabilities are consulted on the application and periodical review of the national policy on vocational rehabilitation for persons with disabilities.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 14 September 2017. The Committee requests the Government to send its comments in this regard.

Articles 2 and 3 of the Convention. Implementation of vocational rehabilitation and employment policies for persons with disabilities. In reply to the Committee’s previous comments, the Government refers once again in its report to the inclusion of the minimum 5 per cent quota of workers with disabilities in the public sector and 3 per cent in private sector companies employing more than 50 workers, and also the 15 per cent weighing included in the final score of selection processes for public competitions to promote the access of persons with disabilities to the labour market. The Committee notes the information supplied by the Government on the impact of the abovementioned measures. In particular, the Government indicates that, according to statistical information sent by the National Civil Service Authority (SERVIR), as of April 2017 there were 1,367 public servants with disabilities registered in the electronic payroll of the Ministry of Labour, which represents 0.1 per cent of all public sector workers. The Government adds that only 34 executive units in the public sector meet the 5 per cent recruitment quota for persons with disabilities, and most of these are municipalities with small numbers of workers. The Government indicates that in view of the difficulties encountered by public entities in fulfilling the abovementioned employment quota, the National Council for the Integration of Persons with Disabilities (CONADIS), in coordination with SERVIR, has been drawing up a proposal to amend the regulations implementing the General Act on persons with disabilities (No. 29973), with the aim of establishing clearly and precisely the procedure to be followed by state institutions to fulfil the abovementioned quota. Accordingly, the draft provides for the establishment of mechanisms for the dissemination of recruitment notices, the running of an employment exchange and the development of a database for persons with disabilities, detailing their academic training, knowledge and experience. However, the Committee notes that the CATP highlights in its observations the lack of adequate resources and inspections to ensure that the compulsory quotas established by Act No. 29973 are fulfilled. In this regard, the CATP indicates that the transfer of public sector inspection duties from the labour inspectorate to SERVIR has reduced inspection capacities, since SERVIR does not have the precise, centralized and up-to-date information to allow ongoing monitoring of compliance with the employment quota for persons with disabilities in the public sector. Moreover, the CATP indicates that most persons with disabilities in Peru have few educational qualifications and a high level of economic inactivity, and the majority work in the informal economy. It observes that the unemployment rate for persons with disabilities (12.1 per cent) is nearly four times higher than that of the population as a whole (3.7 per cent), and that eight out of ten enterprises do not hire persons with disabilities. The CATP affirms that such factors stem from the inadequate and patchy evaluation of the policies adopted to promote the access of persons with disabilities to the labour market. As regards the vocational retraining and rehabilitation services for persons with disabilities established under Act No. 29973, the CATP indicates that, according to information from CONADIS, only 61 per cent of persons with disabilities have access to such services. The Committee requests the Government to provide up to-date information on progress made regarding the adoption of the proposed amendments to Act No. 29973 aimed at facilitating compliance with the employment quota for persons with disabilities in the public sector. The Committee also requests the Government to continue sending up-to-date information on the impact of the measures adopted to promote job opportunities for persons with disabilities, including of a mental or intellectual nature, in the open labour market, in both the public and private sectors. The Committee also requests the Government once again to send summaries of studies or evaluations relating to rehabilitation and employment policies and programmes for persons with disabilities, and information on other up-to-date indicators of the results achieved by the legislative measures and policies adopted in favour of persons with disabilities.

Article 5. Consultations with representative employers’ and workers’ organizations. The CATP indicates in its observations that the consultation mechanisms established in Act No. 29973 do not guarantee adequate consultations with the organizations of persons with disabilities, since the consultations only occur through CONADIS. The CATP affirms that CONADIS only represents a small number of persons with disabilities. It also considers inadequate the pre-publication in accessible formats on the website of each entity of the regulatory proposals regarding job quotas and reasonable accommodation for persons with disabilities in the private sector, and also the holding of workshops with the objective that the persons concerned can make their contributions and observations. The CATP states that these procedures do not enable the needs of persons with disabilities to be known. The Committee requests the Government to provide detailed information on the manner in which the representative organizations of employers and workers and also the representative organizations of persons with disabilities are consulted on the application and periodic revision of national policy for the occupational rehabilitation of persons with disabilities.

Article 8. Services in rural areas and remote communities. For several years, the Committee has been asking the Government to provide information on the measures planned for the establishment and development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities. The Committee observes that the Government has still not replied to this request. The Committee urges the Government to provide information in this regard.

Article 9. Training of qualified staff. For several years, the Committee has been asking the Government to provide information on the training of suitably qualified staff for the vocational guidance, vocational training, placement and employment of persons with disabilities. The Committee observes that the Government has still not replied to this request. The Committee urges the Government to provide information in this regard.

[The Government is requested to send a detailed report in 2018.]

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations formulated by the Autonomous Workers’ Confederation of Peru (CATP), received on 2 September 2014, and the Government’s reply received on 2 December 2014.

Articles 2 and 3 of the Convention. Implementation of vocational rehabilitation and employment policies for persons with disabilities. The Government refers in its report to the adoption of the General Act respecting persons with disabilities (LGPCD) (Act No. 29973 of 13 December 2012) and its regulations (Supreme Decree No. 002-2014-MIMP, of 7 April 2014). The Committee notes the inclusion of minimum quotas for persons with disabilities in the fields of higher education and employment (5 per cent of students in higher education institutions, 5 per cent of all personnel in public institutions, and 3 per cent of all personnel working in private entities with over 50 workers). The Committee also notes the incentives established to promote the labour market integration of persons with disabilities through tax incentives and benefits granted in the framework of State contracts. The Government indicates that in 2013 the budgetary programme was launched under the title “Labour market inclusion of young persons with disabilities”, the achievements of which include designing an employment service for labour activation and the implementation of a pilot project for a specialized employment placement service. The programme made 110 placements in the five regions that it covered (Lima, Callao, Ayacucho, Ica and Tumbes). Moreover, between 2013 and 2014, a total of 73 persons with disabilities were trained and 46 placed through the Action Plan for the Vocational Integration and Training of Persons with Mental and Intellectual Disabilities. In addition, the National Institute of Statistics and Information Technology (INEI) carried out the first National Specialized Survey on Disability in 2012. In its observations, the CATP refers to the existence of contradictions with regard to the inspection of compliance with Act No. 29973, the difficulties involved in complying with the employment quota and the lack of a definition of certain concepts by the executive authorities. The CATP adds that, with regard to the employment quota, the authority to carry out inspections is vested in the labour inspectorate, but the power to impose penalties is exercised by the National Council for the Integration of Persons with Disabilities (CONADIS). The CATP observes that Presidential Decree No. 002-2014-MIMP does not establish a procedure for cases in which a competition for a job “which does not involve difficulties of a technical nature or a risk for the person with the disability” is declared unsuccessful. According to the CATP, Act No. 29973 does not extend the right to seek reasonable adjustments to the selection process, nor does it contain any provisions on subcontracting and contracting out services. The CATP indicates that the educational profile of persons with disabilities (26 per cent of whom either do not have any type of education or only initial level education, while 40.5 per cent have only completed primary education) and their compatibility with the jobs that are available give rise to difficulties in complying with the employment quota and, more broadly, in achieving the labour market integration of persons with disabilities. The CATP adds that the Ministry of Health has not yet issued the guide to enable health centres to assess diagnoses of disability in percentages (rather than degrees, as used to be the case). The CATP adds that the Ministry of Labour has not established the technical criteria for determining when a reasonable adjustment in the workplace involves an excessive economic burden for employers. In reply to the CATP’s observations, the Government explains that the Ministry of Labour is responsible for inspection and penalties in the private sector. The Government adds that, on 9 August 2014, the Ministry of Labour issued Ministerial Decision No. 162-2014-TR providing for the pre-publication of regulatory proposals relating to the employment quota and reasonable adjustments for persons with disabilities in the private sector, in strict compliance with the right to consultation envisaged in the LGPCD. The Committee requests the Government to provide information on the impact of the measures adopted to promote employment opportunities for persons with disabilities in the open labour market in both the public and the private sectors. The Committee requests the Government to provide information on the application of the employment quota for persons with disabilities and to facilitate the adoption of implementing regulations. The Committee also requests the Government to provide summaries of studies or evaluations of rehabilitation and employment policies and programmes for persons with disabilities and other updated indicators of the results achieved through the legislative and policy measures adopted for persons with disabilities.

Article 5. Consultation of representative organizations of employers and workers. The Committee notes that the LGPCD and its regulations recognize the right of persons with disabilities to be consulted. The Committee requests the Government to provide information on the consultation of representative organizations of employers and workers, as required by the Convention.

Article 8. Services in rural areas and remote communities. The Committee once again requests the Government to provide information on the measures planned for the establishment and development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.

Article 9. Training of qualified staff. The Committee once again requests the Government to provide information on the training of suitably qualified staff for the vocational guidance, vocational training, placement and employment of persons with disabilities.

[The Government is asked to reply in detail to the present comments in 2017.]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 2 and 3 of the Convention. National policy on vocational rehabilitation. The Committee notes the report received in September 2009 which indicates that for the National Council for the Integration of Persons with Disabilities (CONADIS), increasing the levels of employment of persons with disabilities and their access to decent work is a major goal and a priority. According to the General Confederation of Workers of Peru (CGTP), the extent to which persons with disabilities have been integrated into the labour market is not known exactly. The Committee notes the adoption of Act No. 29392 of August 2009 defining offences and establishing penalties for breach of the General Act on Persons with Disabilities. In December 2008, CONADIS and the Ministry for Women and Social Development approved an Equal Opportunities Plan for Persons with Disabilities 2009–18. According to the data sent with the report, the RED Cil Proempleo programme succeeded in placing a total of 85 persons with disabilities in jobs during the period 2007–09, and 50 “enterprises for the advancement of persons with disabilities” were created in the period from 2007 to April 2009. The Government states that there is no sign of the results awaited from the development of policies to include persons with disabilities in production. The Committee again asks the Government in its next report to include an evaluation of the results obtained in the context of the Plan for Persons with Disabilities 2009–18 in both the public sector and the private sector in terms of integrating persons with disabilities into the open labour market. The Committee invites the Government to send further information on the application in practice of the penalties established in Act No. 29392 along with other data allowing an evaluation of the employment created for persons with disabilities by the “enterprises for the advancement of persons with disabilities” and as a result of incentives offered for hiring persons with disabilities. The Committee again asks the Government to provide extracts from studies or other assessments of vocational rehabilitation and employment policies and programmes for persons with disabilities, together with up-to-date statistics on the number of participants, the number of placements, public expenditure and other data showing the results of the legislative and policy measures adopted for persons with disabilities (Part V of the report form).

Services in rural areas and remote communities. The Committee notes that the services of the National Institute for Rehabilitation do not extend to rural areas but that these areas are covered by a community-based vocational rehabilitation project. The Committee asks the Government in its next report to provide information on the measures planned to establish and develop vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities (Article 8), and on the training of suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of persons with disabilities (Article 9).

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Further to its previous comments, the Committee notes with interest, pursuant to Act No. 28.164 of 16 December 2003, the creation of the national office to promote employment for disabled persons under the Ministry of Labour and Employment Promotion. Measures undertaken include a requirement for the central Government and regional and municipal governments to employ disabled persons suited to the job in at least 3 per cent of the posts on their staff. Thanks to this new national office, it is said that the plans proposed by the National Council for the Integration of Disabled Persons (CONADIS) will be more effective. The Committee asks the Government to provide information in its next report on the impact of the measures in both the public and the private sectors in terms of integrating persons with disabilities into the open labour market: the creation of "enterprises for the promotion of disabled persons", the award of additional points in the competition for admission to vacancies in the public administration and the entitlement to a further reduction in taxable income.

2. Please provide up-to-date information on the establishment and development of vocational rehabilitation and employment services for disabled persons in rural areas and remote communities (Article 8 of the Convention) and on the training of suitably qualified personnel to be responsible for the vocational guidance, vocational training, placement and employment of disabled persons (Article 9 of the Convention).

3. Part V of the report form. Please include extracts from studies or other assessments of rehabilitation and employment policies and programmes for persons with disabilities. Please also supply up-to-date statistics on the number of participants, the number of placements, public expenditure and other data showing the results of the legislative and political measures adopted for persons with disabilities.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee noted the particulars forwarded by the Government in November 2002, in reply to the Office’s request, concerning the non-renewal of a disabled worker’s contract with a worker’s cooperative. The Government refers to the provisions of the Political Constitution of Peru and Act No. 27050 respecting persons with disabilities. It also refers to the mechanisms provided by the national legislations for workers who wish to appeal to the courts to denounce hostile acts. The Committee notes with interest that section 31(2) of the Disabled Persons Acts, published on 6 January 1999, nullifies all actions which use discriminatory grounds to restrict the access to and duration of employment and/or general working conditions of disabled persons. The Committee recalls that the purpose of vocational rehabilitation policies is to enable disabled persons to secure, retain and advance in suitable employment and thereby to further such person’s integration or reintegration into society (Article 1, paragraph 2, of the Convention). Conscious of the difficulties disabled persons may have in securing and retaining employment, the Committee would be grateful if the Government would describe in detail in its next report the measures adopted to promote the goals of the Convention, in particular regarding disabled workers in service industries and worker’s cooperatives.

2. The Committee would be grateful if the Government would describe in its next report the impact of Act No. 27050 and other more recent legislation aimed at implementing the Convention. As had been mentioned in the direct request of 2000, it is asked to include updated information on the establishment and development of rehabilitation and employment services for disabled persons in rural areas and remote communities (Article 8) and on the training of suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of disabled persons (Article 9).

Part V of the report form. Please include summaries of research or other evaluations of rehabilitation and employment programmes intended for disabled persons. In addition please provide updated statistics on the number of participants, job placements, public expenditures and other indicators resulting from legislation and policy measures adopted for disabled persons.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the detailed description of the laws pertaining to people with disabilities contained in the Government’s report. It again requests information on the following points:

Article 8 of the Convention.  Please supply details on the rehabilitation and employment services provided to rural areas.

Article 9.  Please provide further information on the system for training staff.

Part V of the report form.  Please supply abstracts of reports, surveys or other evaluations of the rehabilitation and employment policies and programmes for people with disabilities. Please also supply statistics on the number of participants, job placements, public expenditure, and other indicators of the outcome of these laws and policies.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes the information supplied by the Government in reply to its earlier comments. It notes, in particular, the detailed description of the special programme promoting employment opportunities for disabled workers, in the application of Act No. 23285 and Legislative Decree No. 728, as well as statistical data for the period of 1991-92. The Committee would be grateful if the Government would continue to provide information on practical application of the Convention, as requested by point V of the report form, including the updated statistics (for example, with respect to particular areas or branches of activity or particular categories of disabled workers). Please supply the texts of collective agreements, referred to in the Government's previous report, in which the reservation of work posts for disabled persons has been included.

Article 8 of the Convention. Further to its earlier comments, the Committee notes the Government's brief indications concerning the reorganized Regional Directorates of Labour and Social Promotion, which are responsible for vocational rehabilitation and employment of disabled persons and, in particular, for the application of the above-mentioned special employment programme. The Regional Directorates have been provided with the necessary human resources in order to be able to fulfil their functions and are going to coordinate their efforts with vocational training institutions, universities and public and private establishments. The Committee would be grateful if the Government would describe in more detail measures taken in practice, by these Regional Directorates in coordination with other public and private bodies concerned, to promote the establishment and development of vocational rehabilitation and employment services for disabled persons in rural areas and remote communities, as required by this Article.

Article 9. In its earlier comments the Committee noted the Government's indications to the effect that the National Council for the Integration of the Disabled adopted certain measures to ensure availability of suitably qualified vocational rehabilitation staff, having organized various courses on the subject, in various regions of the country, which have been conducted by qualified specialists. It also noted the Government's request for technical assistance in this field, addressed to the ILO. The Committee reiterates its request to the Government to supply information on new developments in this sphere and to continue to describe measures aiming at ensuring the training and availability of rehabilitation counsellors and other suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of disabled persons, in accordance with this Article.

2. As regards the observations, already noted by the Committee in its previous comments, received from the Peruvian Information and Communication Centre for the Disabled (CICIP), which expressed its concern about the unstable employment situation of the disabled public service employees and asked for a special treatment of disabled persons in connection with the Government's intention to reduce the public administration personnel, the Government indicates that this matter falls within the competence of the National Institute of Public Administration (INAP). The Committee would be grateful if the Government would provide, in its next report, information on measures taken or envisaged by the INAP in order to remedy this situation and supply any other information, if available, concerning the application of vocational rehabilitation and employment measures to the disabled public service employees.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. The Committee notes the information supplied by the Government in reply to its earlier comments. It notes, in particular, that the Regional Direction of Labour and Social Promotion, of the Ministry of Labour, has started the implementation of special programmes promoting employment opportunities for workers having difficulties in access to the labour market, such as young workers, women with family responsibilities and disabled workers, in the application of Legislative Decree No. 728, Title V, Chapter I. It also notes from the report that the Government is trying to stimulate the reservation of a certain number of work posts for disabled persons to be included into collective agreements. The Committee would be grateful if the Government would describe in more detail the special programmes for disabled workers referred to above and to supply, with its next report, the texts of collective agreements in which the reservation of work posts for disabled persons has been included. The Committee further notes that the Government has been experiencing certain difficulties caused by shortages of human and material resources at the first stage of practical realization of the Selective Placement System referred to in section 138(b) of the above Legislative Decree No. 728. It hopes that, in its next report, the Government will be able to provide information on practical implementation of the Convention, including for example statistical information on the number of jobs created for disabled persons under special programmes provided for in the Decree, number of disabled persons placed in employment, if possible with respect to particular areas or branches of activity or particular categories of disabled workers, as required by point V of the report form.

Article 8 of the Convention. Further to its earlier comments, the Committee notes from the Government's report the information on the activities of Transitional Regional Administration Councils, which are responsible for vocational rehabilitation and employment of disabled persons during the period of administrative reorganization and restructuring of the Regional Governments. The Committee reiterates its hope that the Government will be in a position to supply, in its next report, information on measures aiming at promoting the establishment and development of vocational rehabilitation and employment services for disabled persons in rural areas and remote communities, as required by this Article.

Article 9. The Government indicates once again that the National Council for the Integration of the Disabled has adopted certain measures to ensure availability of suitably qualified vocational rehabilitation staff, having organized various courses on the subject, in various regions of the country, which have been conducted by qualified specialists in this field. It would be grateful if the Government would continue to supply information on measures aiming at ensuring the training and availability of rehabilitation counsellors and other suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of disabled persons, in accordance with this Article. The Committee also notes the Government's request for technical assistance in this field, addressed to the ILO. It hopes that the ILO will be in a position to respond positively to this request.

2. In its previous comments the Committee noted the observations received in November 1992 from the Peruvian Information and Communication Centre for the Disabled (CICIP). This organization expressed its concern about the unstable employment situation of the disabled public service employees and asked for a special treatment of disabled persons in connection with the Government's intention to reduce the public administration personnel. The Committee noted that these observations were sent to the Government, in January and November 1993, for such comments as might be judged appropriate. It observes that no comments have been supplied by the Government as to the substance of these observations. The Committee therefore reiterates its hope that the Government will refer to these observations in its next report and will make such comments as it considers appropriate in order to enable the Committee to examine them in substance at its next session.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee notes the information supplied by the Government in its report. It notes, in particular, the adoption of Legislative Decree No. 728 of which Chapter I ("Special Employment Programmes") of Title V ("Employment Promotion") contains provisions governing various mechanisms promoting employment opportunities for disabled persons. The Committee would be grateful if the Government would provide, in its next report, information on practical implementation of these provisions, including for example statistical information on the number of jobs created for disabled persons under special programmes provided for in the Decree, number of disabled persons placed in employment, if possible with respect to particular areas or branches of activity or particular categories of disabled workers, as required by point V of the report form.

Article 8 of the Convention. Further to its earlier comments, the Committee notes the brief indications in the report concerning the adoption by the regional governments of measures aiming at promoting the establishment and development of vocational rehabilitation and employment services for disabled persons in rural areas and remote communities. The Committee hopes that, in its next report, the Government will describe these measures, as requested by the report form under this Article, in order to enable the Committee to assess its implementation.

Article 9. The Committee notes from the Government's reply to its previous comments that the National Council for the Integration of the Disabled has adopted certain measures to ensure availability of suitably qualified vocational rehabilitation staff, having organized various courses on the subject which have been conducted by qualified specialists in this field. It would be grateful if the Government would continue to supply information on measures aiming at ensuring the training and availability of rehabilitation counsellors and other suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of disabled persons, in accordance with this Article.

2. The Committee notes the observations received in November 1992 from the Peruvian Information and Communication Centre for the Disabled (CICIP). This organization expresses its concern about the unstable employment situation of the disabled public service employees and asks for a special treatment of disabled persons in connection with the Government's intention to reduce the public administration personnel. The Committee notes that these observations were sent to the Government, in January 1993, for such comments as might be judged appropriate. It hopes that the Government will supply its comments with its next report in order to enable the Committee to examine them in substance at its next session.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee takes note of the Government's first report on the application of the Convention and of its report for the period ending 30 June 1989. The Committee notes with interest the provisions of the legislative measures to give effect to the Convention, in particular Act No. 24759 and the regulations issued under it, which state that the protection, care and vocational rehabilitation of the disabled are in the interests of society. In its first report, the Government indicates that the National Council for the Integration of the Disabled has to serve the needs of an estimated 650,000 economically active disabled persons, of whom only 6.3 per cent have suitable employment. It refers to various projects for which international funding and the assistance of the Office and of other governments have been requested. The Committee would be grateful if in its next report, the Government would provide information on the following points:

2. Article 8 of the Convention. The Committee notes with interest that the National Council for the Integration of the Disabled has selected certain cities in the north and south of the country and the Lima area as the main targets for the requested international funding. Please describe the measures adopted as a result of the programmes that have been launched to continue promoting the establishment and development of vocational rehabilitation and employment services for disabled persons in rural areas and remote communities.

3. Article 9. Please indicate the measures adopted to ensure availability of suitably qualified staff for vocational rehabilitation.

4. Point V of the report form. Please continue to provide general indications of the results obtained in providing vocational rehabilitation and employment for disabled persons, including information on actions resulting from the technical assistance provided by the ILO or with the co-operation of other governments. Please enclose a copy of Supreme Decree No. 002-89-5A of 5 January 1989.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee takes note of the Government's first report on the application of the Convention and of its report for the period ending 30 June 1989. The Committee notes with interest the provisions of the legislative measures to give effect to the Convention, in particular Act No. 24759 and the regulations issued under it, which state that the protection, care and vocational rehabilitation of the disabled are in the interests of society. In its first report, the Government indicates that the National Council for the Integration of the Disabled has to serve the needs of an estimated 650,000 economically active disabled persons, of whom only 6.3 per cent have suitable employment. It refers to various projects for which international funding and the assistance of the Office and of other governments have been requested. The Committee would be grateful if in its next report, the Government would provide information on the following points:

2. Article 8 of the Convention. The Committee notes with interest that the National Council for the Integration of the Disabled has selected certain cities in the north and south of the country and the Lima area as the main targets for the requested international funding. Please describe the measures adopted as a result of the programmes that have been launched to continue promoting the establishment and development of vocational rehabilitation and employment services for disabled persons in rural areas and remote communities.

3. Article 9. Please indicate the measures adopted to ensure availability of suitably qualified staff for vocational rehabilitation.

4. Point V of the report form. Please continue to provide general indications of the results obtained in providing vocational rehabilitation and employment for disabled persons, including information on actions resulting from the technical assistance provided by the ILO or with the co-operation of other governments. Please enclose a copy of Supreme Decree No. 002-89-5A of 5 January 1989.